Facts

Cynthia Pepper sued John Eden and John Collins, in connection with a trip and fall accident.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she tripped and fell on Collin's property, hit a parked car, and injured her spine. She sued Collins and Eden, who owned the property, alleging that the walkway she tripped on, was defectively designed and negligently maintained because it was poorly lit and had uneven risers.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations, arguing that plaintiff's own negligence contributed and/or caused the accident. Defendants also disputed plaintiff's claimed injuries, arguing that she had a pre-existing disability.

Settlement Discussions

Pepper made a CCP 998 demand of $35,000 to Collins and $40,000 to Eden. Eden made a CCP 998 offer of $20,000, while Collins served a 998 offer for $5,000.

Damages

Pepper requested $120,000 in future medical costs and $130,000 in pain and suffering damages.

Injuries

Pepper claimed injuries to her head and neck, claiming that the impact aggravated her pre-existing spinal injuries and joint pain. She subsequently treated with several months of physical therapy, but despite the treatment, she continued to suffer pain and soreness in her neck, shoulders, and back. Pepper claimed she would have to undergo a lifetime of pain management and periodic procedures to help alleviate the pain.

Result

The jury found Collins not negligent, and although finding Eden negligent, it nevertheless found that his negligence was not a substantial factor in causing Pepper's injury. As a result, the jury awarded Pepper no damages.

Other Information

Eden and Collins filed costs bills totaling approximately $138,000, including $118,000 in expert fees. Pepper filed motions to tax both costs bills, arguing that Eden's 998 offer was defective in that it was contingent on Pepper resolving her dispute with Collins as well, and arguing that Collins' $5,000 offer was an unrealistic token offer. The court agreed with Pepper as to both 998s, and struck the defendants' claims for expert fees. The total costs awards were approximately $12,000.